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Whiteland Elementary School
STUDENT HANDBOOK ANALYSIS Kimberly J. Cummings February 8, 2014 Purdue University Calumet EDFA 609: Legal Aspects of Education Dr. Mark Sperling
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Whiteland Warriors
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COMMUNITY AND SCHOOL OVERVIEW
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WHITELAND, INDIANA Whiteland is a small community in Johnson County.
It is approximately 15 miles south of Indianapolis. It encompasses a little over 4 ½ square miles. The population was 4,169 at the 2010 census, and is estimated to be 4,413 in 2013. The town of Whiteland is surrounded by several larger communities. It is home to the Clark-Pleasant Community School Corporation (CPCSC), which is one of the fastest growing corporations in the state. CPCSC was also listed by the U. S. Directory as a Low-Income School from the school year through the school year. It includes eight schools with 5,781 students in grades K-12: Whiteland High School and 9th Grade Center, Whiteland Elementary, Clark- Pleasant Academy, and the CPCSC administration facilities are all located within the Town. Outside of the town, but in the school corporation are an additional middle school, intermediate schools, and four elementary schools.
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WHITELAND ELEMENTARY SCHOOL
Whiteland Elementary School serves students in pre-kindergarten through grade four. It also serves the special needs children for pre-school. It is the smallest school in the district with 389 students and 25 teachers. It was renovated approximately 12 years ago.
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WHITELAND ELEMENTARY SCHOOL
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WHITELAND ELEMENTARY SCHOOL
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WHITELAND ELEMENTARY SCHOOL
Letter Grade Enrollment Students
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PRINCIPAL CIRSTEN LEWIS
Mrs. Cirsten Lewis has been the principal of Whiteland Elementary School for two years. Before becoming an administrator, Mrs. Lewis was an elementary school teacher in both Wayne Township and Clark-Pleasant schools. She has taught students in kindergarten through grade three. Throughout her career, she has worked with students who have a diverse range of challenges. These include students with academic and behavioral interventions, English language learners, and high-ability students. Mrs. Lewis received her bachelor’s degree from Franklin College and her administrative degree from Indiana Wesleyan University. Mrs. Lewis and her husband have two young children. Their son is a kindergartener who attends Whiteland Elementary and their daughter is two-years old. Mrs. Lewis’ husband and his extended family have been residents of Whiteland for several generations.
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INTERVIEW
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INTERVIEW QUESTION What is the discipline philosophy of the school?
ANSWER There are three philosophies that are important: The consequences need to correlate with the undesirable behavior. For example, it doesn’t necessarily make sense to take recess away when dealing with academic issues. Each child needs to be treated as an individual and not part of one particular “prescription”. The student’s parents need to be heavily involved. They need to be a part of the process.
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INTERVIEW QUESTION What are the discipline hot spots of the school? ANSWER The hot spots tend to come in waves, and it usually involves violence or some type of explosive behavior. It most often occurs with our Emotionally Disabled or Mentally Ill students. These are students who come to us who were not previously identified and are now a part of Adult and Child Behavior Health. Some of these students are going through identification procedures and are now getting medically diagnosed to help them deal with their individual needs.
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INTERVIEW QUESTION What is the discipline history of the school or any other pertinent information about discipline that you would like to share? ANSWER Traditionally, record keeping was all handwritten and kept in notebook form. Currently, all discipline is done electronically. The teachers send discipline referrals, which are automatically sent to a spreadsheet. If a teacher sends a student to the office, I can also update the information into the system. I keep both electronic and handwritten records. (She showed me her journal ledger, which is a great idea.) Mrs. Lewis also shared that the school corporation will be going to software program next year called “PowerSchool”, which is a more updated version than the one the corporation is currently using.
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INTERVIEW QUESTION How much input do you have in regards to the Student Handbook? ANSWER Each year, all the administrators in grades k-12 get together and review the policies or procedures and laws. These are given to our legal attorney to look at and give any feedback. The principals come to a consensus on the common areas. There are, however, building level specific information in the handbooks such as the staff directory and telephone numbers. Do you find the student handbook to be the best way to relate discipline procedures to parents? Students? In a uniform way, yes. I do prefer communication to be done through human interaction. This is done by kid to kid, or kid to adult communication.
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INTERVIEW QUESTION Are there specific examples of when the Student Handbook has helped you do your job? ANSWER Yes. There have been times when I has to suspend a student from riding the bus because the handbook specifically states “after 3 referrals” and the principal’s discretion. The bullying statutes have also helped when I have had to make disciplinary decisions. Has there ever been a time when the Student Handbook presented a problem for you? There have been times when the handbook has presented issues when dealing with bullying. The Student Handbook includes a definition for bullying, however, there is always a parents or child’s perspective on what specifically that definition means. There is usually a discussion on what is “several times”. In my mind, if a child is feeling threatened, that’s one time too many.
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INTERVIEW QUESTION What is the most difficult aspect of disciplining a student? ANSWER There are several things, but I think the most difficult aspects falls into two categories. The most difficult thing is suspending a child because when we do this, we aren’t educating them and the suspension doesn’t usually correct the behavior. It does, however, show that the school is taking a hard stance and we don’t put up with it. It is extremely important, however, that we are protecting other students. It’s not easy when the discipline doesn’t work because it’s not fair to the teachers. A teacher who has a student with a mental disability that is making it nearly impossible to function in the classroom setting isn’t necessarily feeling supported during the identification process.
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INTERVIEW QUESTION What is the most often reason a student is sent to your office? ANSWER It’s violence that usually involves kicking or hitting. Sometimes, it involves extremely unkind behavior. Generally speaking, are most parents supportive of you when you contact them regarding behavior issues? Absolutely! Most are very supportive.
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INTERVIEW QUESTION Do you have a specific procedure when dealing with discipline issues? ANSWER All discipline is done on a kid-by-kid basis. A lot of it is getting to the root of the behavior and the emotions behind the behavior. When you talk with the parents, they provide you with a lot of insight into why the behavior happened. When this happens, you can start interventions to help the student.
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INTERVIEW QUESTION How many students are suspended in a day? week? Month? Is that a lot compared to other buildings? ANSWER Last year, we had four student suspended. This year, we’ve had one student. This is low for most buildings, but we are consistent with the other k-4 buildings in our corporation. Do you ever feel bad for a student who is being suspended? Every time! I want them here at school every day. When they aren’t here, they aren’t being educated.
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INTERVIEW QUESTION Are there particular times of the year that you tend to see more discipline issues than other times? ANSWER Yes. After the “honeymoon” is over at the beginning of the year, I tend to see more students. This is usually in October. Then, I’ll tend to see students again toward the end of the year in May. How important is it to document student behavior? Very! Teachers send discipline referrals electronically and the ones that are sent to the office using the paper referrals are entered electronically, too. Lucky, we don’t have much to report in our schools because the staff is good with classroom management strategies.
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INTERVIEW QUESTION What is the hardest part of your job regarding discipline? ANSWER The hardest part is supporting teachers who have very disruptive students. These students are going through identification procedures and its important to keep them in the classroom as much as possible. The teachers are focused on the classroom while I see the bigger picture.
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INTERVIEW QUESTION Do you have any advice for me? ANSWER I would emphasize that parents need to be a part of extreme discipline decisions. For example, I had a student expose himself to other girls. I knew his parents would be very upset when I suspended him, but when I called his parents and explained the situation, they became a part of the process and together we called the student in and implemented the consequences together. He was suspended. It’s also important to give kids a fresh start. I don’t want them to think when I see them that I’m thinking, “Oh, there goes the problem child again.” I want them to know that I’m truly happy to see them.
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Whiteland Elementary Parent and Student Handbook
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LIFELONG GUIDELINES/LIFESKILLS
The staff at Whiteland Elementary expects all the children to follow the basic rules that their teachers establish in the classrooms. These rules are necessary to maintain a proper learning environment in the room and building. We emphasize Lifeskills and Lifelong Guidelines with the children to encourage responsible behavior that helps them be good citizens whether at school or in the community. We remind the children of these as often as possible and use them in the context of daily situations. We feel if you are aware of them, and make them a part of your vocabulary, as we are trying to do, we can reinforce these skills daily: LIFESKILLS: Confidence: feeling able to do it Initiative/Motivation: wanting to do it Perseverance/Effort: being willing to work hard and trying one’s best Responsibility: doing what is right Integrity: being honest and sincere Organization: planning in an orderly way Cooperation/Teamwork: working together toward a goal Common Sense: using good judgment Problem Solving: putting what you know & what you can do into action Patience: waiting calmly for someone or something Curiosity: desiring to know about many things Caring/Friendship: feeling concern for others and having mutual trust LIFELONG GUIDELINES: Trust Truth No Put Downs Active Listening Personal Best
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LIFELONG GUIDELINES/LIFESKILLS ANALYSIS
One of the first things listed in the handbook are the Lifelong guidelines and the Lifeskills. I think it is extremely important that positive behaviors and expectations are listed along with behaviors that are not tolerated. This lets students and parents know that these behaviors are highly esteemed and are beneficial to the individual and climate of our school. Students and adults respond far more favorably to positive acknowledgements. Negative communications can last a life time and often times do little to deter the behavior. Research has proven time and again that positive feedback has an exponential result in acquiring the desired results in comparison to negative communication. There is absolutely no weakness is letting the students, parents, staff, and all stake holders know what behaviors are expected. STRENGTH WEAKNESS
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ATTENDANCE CPCSC endorses the belief that regular attendance is essential to the academic growth and well being of a child. Active participation in classroom activities, interaction with staff, and participation in other school programs are asset-building opportunities for children. Consistent daily attendance of students is not only desirable due to its impact on student achievement; it is also a requirement under the laws of Indiana as expressed in the Compulsory Attendance Statute I.C It is the duty of a parent or guardian, and state law, for children to be in school and on time. Any parent or guardian, who willfully allows unexcused absences or does not follow the compulsory attendance law, is violating state statute and is subject to the appropriate consequences. At that point, CPCSC shall file attendance reports with the Family Resource Coordinator from Johnson County Community Corrections for further action. School-Based Intervention Strategies Seven (7) Days: When a student has been absent or tardy for seven days in one school year, a school official will send a warning letter to the child’s parents and will make a referral to the Family Resource Coordinator from Johnson County Community Corrections. If the student has had an illness, which lasts several days causing the accumulated absences, the official may choose not to send the letter. Ten (10) Days: When a student has been absent for ten (10) days in one school year, the principal will send a letter to the child’s parents and the Family Resource Coordinator from Johnson County Community Corrections will take further action. 7th tardy/leave early: A letter is sent from school to notify the parent. 10th tardy/leave early: The school will send an official letter of notice of failure to comply to the Johnson County Community Corrections for further consideration. Habitual Truant: A student is a habitual truant when “chronically absent, by having unexcused absences from school for more than ten (10) days of school in one (1) school year. Promotion/ Retention Based on Attendance: The Clark-Pleasant Community School Corporation reserves the right to consider retention of a student at the present grade level, no matter what the child’s performance, based on twenty (20) or more excused or unexcused absences.
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ATTENDANCE ANALYSIS STRENGTH WEAKNESS
Whiteland Elementary is extremely proactive in dealing with tardiness and excessive absences. The office staff makes phone calls and teachers will often send home make-up work with a sibling or to the office for the parent to pick up. In the few cases of excessive absences, the office makes sure that the homeroom teacher is given a duplicate copy of parent letter that is sent home. The Handbook is very clear with the district’s expectations; which are in alignment with the statutes. Luckily, excessive absences to not tend to affect our building. Therefore, I observed no weaknesses in the Handbook. STRENGTH WEAKNESS
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BUS RULES AND EXPECTATIONS
If your child rides the bus, he/she is held accountable for following the rules developed by the bus drivers and Transportation Department to best ensure the safety of all students. The school will support these rules and policies, most of which are mandated by State law. Riding the bus is NOT a right, but a privilege and may be taken away from the student at any time. Students shall be seated immediately upon entering the bus. If assigned seating is used by the driver, the student must sit in his or her assigned seat. Students shall not stand or move from place to place while the bus is in motion. Loud, boisterous, or profane language shall not be tolerated. Indecent conduct, verbal abuse, use of racial/ethic remarks, or derogatory names is also not acceptable. Students shall not be allowed to tease, scuffle, trip, hold, hit, or use their hands, feet, or body in any objectionable manner. Students shall not leave their seat until the bus has come to a full stop and the door is opened by the driver. Windows or doors shall not be opened or closed by students, except by the permission of the bus driver. Windows will not be opened more than halfway. Students should be waiting at the bus stop when the school bus arrives. The school bus driver will stop and look for students, then continue on the route. Upon recommendation of the bus driver, school authorities may deny privileges of riding the school bus to students who refuse to conduct themselves in a courteous manner on the bus.
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BUS RULES AND EXPECTATIONS
The school bus driver has the same authority and responsibility as a teacher. Safety is the prime concern in student transportation; thus, the driver and school authorities shall maintain discipline on the school bus. Students disobeying safety rules will be denied riding privileges. All items carried on the bus by the student must be held on the student’s lap. All toys and/or personal items should remain inside the student’s bag. Interfering with the possessions of others will not be tolerated. Students are not allowed to bring food, drinks, or chewing gum on school buses. The approval of drinks and food on long trips can be negotiated with the driver. Students must keep head, hands, and feet inside the bus at all times. Smoking is not allowed at any time. Bus drivers will prepare and practice emergency unloading with the students at least two times per school year. Consequences 1st Referral Verbal Reprimand: Warning 2nd Referral Probation 3rd Referral One Day Suspension 4th Referral Three Day Suspension 5th Referral Five Day Suspension 6th Referral Suspension for Semester In case of suspension, the principal or designee will contact parents to notify of suspension and determine date of suspension. Unless there is a vacation, the student will serve the suspension the day after the write-up. If the infraction is serious enough, the principal can determine suspension schedule at his/her discretion.
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BUS RULES AND EXPECTATIONS ANALYSIS
To me, it is extremely important that students and staff see the bus drivers as equal caregivers who are deserving of the same respect that anyone in the school would receive. Therefore, I am glad that the transportation expectations have been included in the Handbook. I expect that all students should respect the adults who are charged with their well-being. There are no weakness that I see. STRENGTH WEAKNESS
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CAFETERIA POLICIES The cafeteria, besides being a lunchroom, is also a place where good human relations and social skills can be developed. Here, each student is expected to practice the general rules of good manners one should find in the home. Some simple rules of courteous behavior that will make the lunch period pleasant and relaxed are: Use good manners Walk in cafeteria Stand quietly in line and no talking in serving line Clean up your own mess Keep hands, feet and objects to yourself No trading food (Board of Health regulation) Stay at your own table Talk quietly in the cafeteria Quiet time at signal
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CAFETERIA POLICIES ANALYSIS
I appreciate that the Handbook establishes the expectations spelled out in the Handbook. The cafeteria is a wonderful opportunity for students to engage in social communication. It also establishes the civilized code of conduct in restaurant manners. This section of the Handbook also serves to remind students that the behaviors expected during the rest of the day are not excused during lunch time when other personnel are in charge. I see no weaknesses. STRENGTH WEAKNESS
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DRESS CODE Appropriate dress helps students keep focused on the educational activities of school and helps keep students safe during recess and physical education. Although everyone wants to look his or her best, some clothing and hairstyles that are “fashionable” are not appropriate or safe for school. Good judgment and common sense are the guidelines. The following standards apply to all elementary students: No see-through, fishnet, spaghetti straps , tank tops, halter tops, or midriff exposing shirts. Pants must be worn at waist level and free of chains. Clothing that advertises alcoholic beverages, tobacco, drugs, violence or is of questionable or offensive nature is not to be worn. Clothing or accessories that are disruptive or distracting to the educational process will be evaluated by the teacher, principal, or designee and will be discussed with both student and parent/guardian. Tank tops, backless shirts, and shirts with spaghetti straps must be worn with another shirt that reaches at least to the shoulder. Students may wear shorts in warm weather, but they must be longer than the ends of the fingertips. Students must wear appropriate and safe shoes. We have recess every day. Flip flops are not sturdy enough for the walking and play done at recess time. No flip flops, backless sandals, or “wheely shoes” are allowed. Spray paint/paint for the hair, faces, etc. is discouraged and can be evaluated as number 2 above.
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DRESS CODE ANALYSIS This section of the Handbook is very descriptive. It does tend to provide a guideline for eliminating distractive clothing or other physical distractions. This part of the Handbook is continually changing; especially when it mentions “fashionable”. There are times when a student comes to school who has a new hair-do, piercings, or nail color on boys who is approved by the parents but may or may not be approved by the staff. There are also times when the length of a girls skirt or shorts may be overlooked because the student is observed to be naïve when other girls who aren’t as naïve aren’t given the same courtesy. STRENGTH WEAKNESS
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CPCSC ELEMENTARY STUDENT CODE OF CONDUCT
In order to maintain a climate conducive to learning, we believe that students should feel safe and be well- behaved. To maintain a safe climate, we feel that proper school behavior should focus on behaviors that cause no harm to any person or property. We believe it is the highest virtue of education to teach students to be responsible and successful while maintaining the dignity of students. Teaching children how to be responsible means tailoring discipline to the individual child. Through individualized discipline, each student will receive the reinforcement that he or she needs to become a successful citizen. Our school rules are the guidelines for acceptable behavior. They are based on life skills, clear and specific, consistent and enforced. Discipline results when a school rule is broken and works best when administered by the classroom teacher. Appropriate disciplinary action is clear and specific, has a range of alternatives, is not a punishment but a motivation to improve behavior, is related to the rule violation, is natural or logical, and is a learning experience. There are occasions during which students are sent to the principal’s office for extreme misbehavior or conflict. Procedures to aid in the communication between staff and principal concerning inappropriate student behavior are in place. Parents will be notified of any serious disciplinary incident warranting your attention. This notification will be at the discretion of the teacher or principal. Student involvement in any of the following activities will constitute a violation of school rules and will result in an appropriate disciplinary response from the school: BULLYING: Indiana Code defines bullying as overt, repeated acts or gestures that include 1) verbal or written communications transmitted 2) physical acts committed, or 3) any other behaviors committed, by a student or group of students against another student with the intent to harass, ridicule, humiliate, intimidate, or harm the other student. Bullying will not be tolerated. CPCSC identifies bullying as intentional, aggressive behavior that involves an imbalance of power or strength and is repeated over a period of time. If a student chooses to engage in any form of bullying, he or she will be subject to disciplinary action in relation to the seriousness of the offense. Bullying appears in many forms including: physical, verbal, relational, emotional, and/or written/cyber. If a student is bullied, or witnesses a bullying incident, he or she should report the incident(s) to a teacher, school counselor, or administrator so that the situation can be appropriately addressed within a timely manner.
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CPCSC ELEMENTARY STUDENT CODE OF CONDUCT
CHEATING: Unless specifically exempted, all assignments, quizzes, tests, and other graded work are to be the product of the individual student being evaluated. If, in the judgment of the instructor, a student uses another person’s work (i.e. copying) and presents it as his/her own, the student has committed plagiarism. Similarly, a student who allows another student to copy his/her work for purposes of the deception outlined above, will be held accountable for cheating as well. Consequences will be assigned at the teacher’s discretion. FIGHTING: Defined as aggressive physical contact between students with the intent of physically and/or emotionally harming another individual. INAPPROPRIATE COMMUNICATION (WRITTEN OR ORAL): Defined as using profanity or calling someone a derogatory name. This includes the use of obscene gestures, signs, pictures, or publications. POSSESSION OF ILLEGAL OR HARMFUL ITEMS: Defined as possession of any item which is illegal or could be used to harm another individual or school property. Possessing a knife at school or on the bus is a Class B misdemeanor. It is a Class A misdemeanor if the offender has a previous unrelated conviction and a Class D Felony if the offense results in bodily injury. STEALING OR DESTRUCTION OF SCHOOL OR PRIVATE PROPERTY: Defined as the taking of property belonging to someone else, or causing or attempting to cause damage to school or private property. Willful Disobedience: Defined as a student’s refusal to follow the directions of a staff member PARTICIPATION IN A MAJOR DISRUPTION: Defined as intentionally making noise or acting in any manner that interferes with the ability of a teacher or any school personnel in their responsibilities to conduct the educational process. VIOLATION OF RESPECT: Any physical, spoken, or written act of abuse, violence, harassment, intimidation, extortion, destruction of property, vandalism, use of vulgarity, cursing, making remarks of personally destructive nature toward another person, or any restriction or prevention of free movement of an individual constitutes a violation of human respect. A violation of respect occurs whether the act is deliberate, intentional, unintentional, or is directed toward an individual or group regarding race, color, creed, national origin, sex, sexual orientation, physical or mental disability, political or religious ideology.
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POSSIBLE DISCIPLINE CONSEQUENCES
The following discipline (consequences) that will be used to insure desirable student conduct may include one or more of the following actions: Teacher/Parent/Student conference Written notification to parents to be signed and returned next day Principal intervention Teacher/Parent/Student/Principal conference Counseling by Crisis Intervention Team Counseling by school counselor Peer Mediation Physical work to be done during student free time or after school Loss of privileges After or before school suspension Out-of-school suspension In-school suspension Proper authorities notified Out-of-school expulsion The school principal (or designee) may deny a student the right to attend school or take part in any school function for a period of up to 10 school days. All issues involving search and seizure shall be governed by guidelines on file in the school’s administrative office and are available for inspection upon request. The above mentioned are in compliance with State Law I.C
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STUDENT DISCIPLINE AND DUE PROCESS LAW
The following addresses the discipline issues based on what is in Indiana Code. The Indiana General Assembly has given school corporations very broad discretion in developing and implementing student discipline rules. In addition to the general statutory grounds of “student misconduct” and “substantial disobedience” as stated in local school rules for suspending and expelling students, the law states: ….a student may be suspended or expelled for engaging in unlawful activity on or off school grounds if the unlawful activity may reasonably be considered to be an interference with school purposes or an education function; or the student’s removal is necessary to restore order or protect persons on school property; including an unlawful activity during weekends, holidays, other school breaks, and the summer period when a student may not be attending classes or other school functions. IC In addition to such egregious crimes of MURDER, ARSON, and RAPE, examples of unlawful activity on or off school property for which a student may be disciplined (which may not be expressly listed in school discipline rules), provided the activity can reasonably be construed to interfere with school purposes, or the perpetrator’s removal is needed to restore order or protect persons on school property, are: BATTERY (knowingly or intentionally touching another in a rude, insolent, or angry manner, IC CRIMINAL RECKLESSNESS (recklessly, knowingly, or intentionally performing an act that creates a substantial risk of injury to another, IC ; DISORDERLY CONDUCT (recklessly, knowingly, or intentionally engaging in fighting, tumultuous conduct, unreasonable noise after being asked to stop, or disrupting a lawful assembly of persons, IC ; INTIMIDATION (communicating a threat to another person with the intent that (1) the other person engage in conduct against his will or (2) the other person be placed in fear of retaliation for performing a lawful act; “threat” is defined as an expression by words or action of an intent to unlawfully injure the person or property of another, IC ; HARASSMENT (intentionally harassing, annoying, or alarming another person, but with no intent of legitimate communication, including via telephone, writings, and computer network, IC ; CRIMINAL GANG ACTIVITY (knowingly or intentionally actively participating in a “criminal gang” which is defined as a group of five or more persons that either (1) promotes, sponsors, or assists in, or (2) participates in, and requires as a condition of membership or continued membership the commission of a felony or an act that would be a felony if committed by an adult or the offense of battery, IC ; and STALKING (the stalking of another person, which is defined as a knowing or intentional course of conduct of repeated or continuing harassment that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to feel such, IC
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FIREARM AND DESTRUCTIVE DEVICES
FIREARM or DESTRUCTIVE DEVICE: The student discipline law requires any student in possession of a “firearm” or “destructive device” at school or on school property to be expelled for one calendar year, with the return of the student to be at the start of the semester following the one year period. IC “FIREARM” is defined as a weapon that is capable of or designed to or that may readily be converted to expel a projectile by means of an explosion. IC “Destructive device” is defined at IC and relates to bombs and other explosive devices. The superintendent is given the discretion on a case by case basis to modify the length of the expulsion for a student expelled for firearm and deadly device possession, but the superintendent must report the expelled student’s name to the law enforcement agency having jurisdiction over the school. For a student in possession of a “deadly weapon” at school or on school property, a school may expel for not more than one calendar year. IC “DEADLY WEAPON” is defined to include a loaded or unloaded firearm, a weapon, device, electronic stun weapon, chemical substance, or other material that in the manner it is used, or could ordinarily be used, or is intended to be used, is readily capable of causing serious bodily injury. IC An expulsion for misconduct (including criminal law violations, other than for firearms, destructive devices, and deadly weapons, is limited to a period of no longer than two semesters, which includes summer school when the misconduct and expulsion occurs in the second semester. IC NOTE: Because the Indiana General Assembly has chosen to limit the length of expulsions, a serious offender who violates school rules must be allowed to return to school after either two semesters or three semesters. States like Wisconsin and Illinois have no such limit. In a case where a student entered into a criminal conspiracy to bring weapons to school and kill students and employees, and even though he fortunately did not carry it out, the Seventh Circuit Court of Appeals upheld the permanent expulsion of the student by a Wisconsin school. See Remer v. Burlington Area School District, 286 F.3d 1107 (7th Cir. 2002). Any person who threatens, intimidates, harasses, or batters a person having authority over the student must be reported to law enforcement by the principal. IC , sections A school board is given the authority to adopt rules requiring the parent or guardian of a student to participate in a disciplinary action in connection with the student’s misconduct. IC A child under the age of 18 whose parent or guardian fails to participate in such disciplinary action, where the behavior of the student has been repeatedly disruptive and where the child needs care, treatment, or rehabilitation that the child is not receiving and is unlikely to be provided or accepted without the intervention of the court, is a child in need of services under the child abuse and neglect law. IC Questioning of a student suspect by school personnel is not a custodial police interrogation and, therefore, does not require Miranda warnings of the right to remain silent, etc. S.A. v. State, 654 N.E.2d 791 (Ind. App. 1995). School personnel who question a student suspect have no duty to offer the student the opportunity to consult with a parent. S.A. v. State, above.
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CODE OF CONDUCT AND DISCIPLINE ANALYSIS
The handbook has obviously been well-written and the legal attorneys have ensured that the required elements have been included in the Handbook. It is important that the statutes have been noted because it shows parents and the community that the rules are not just arbitrary, but a requirement of the State. There are no weaknesses that I observed. STRENGTH WEAKNESS
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TECHNOLOGY POLICY Making Internet access available carries with it the potential that someone might encounter information that some have identified as controversial and of potential harm to others. Clark-Pleasant Community School Corporation is dedicated to providing a safe educational environment. To this end, and to ensure our compliance with the Children’s Internet Protection Act (CIPA) and the Neighborhood Children’s Internet Protection Act (N-CIPA) we utilize filtering technology that blocks access to 1) Obscenity 2) Child Pornography and 3) Materials harmful to minors on ALL corporation computers including student, staff and administrative computers. For staff members participating in verifiable research, the CPIA does allow for temporary disabling of the filter. Disabling of the filter for minors is not permissible. Given the constantly changing information environment, it is not possible to guarantee that all controversial materials will be totally eliminated on the schools’ network system (congruent with the CIPA and N-CIPA). At the same time, school officials want to make sure that users of corporation owned technology are aware of their responsibility to use the resources in an ethical and educational manner. The focus should shift from controlling the environment to providing individual users with the understanding and skills needed to use the technology system in ways appropriate to their individual educational needs. Taking into account the above-mentioned statements, Clark-Pleasant Schools believes that parents and guardians of minors are responsible for setting and conveying the standards that their children should follow when using media and information sources. Toward that end, Clark-Pleasant Schools makes our complete technology usage policy and procedures available upon request for review by all parents, guardians, and other members of the community; and provides parents and guardians the option of requesting for their minor children alternative activities not requiring Internet use. With the rights and privileges of technology usage come certain responsibilities. Users need to familiarize themselves with these responsibilities. Failure to adhere to them may result in the loss of network use privileges and other disciplinary measures: Ethical and Educational Use. The user has full responsibility to use the Network system in an ethical and educational manner. Students are not permitted to use either the school-wide network or the Internet without permission of and must be supervised by a member of the professional staff of Clark-Pleasant Schools. Privileges to use the Network may be revoked, if it is determined that an individual has abused this privilege. The administration will be sole arbiter of what constitutes this abuse. Never share your password with anyone. The user has full responsibility of the use of an account. Violations of this policy that can be traced to an individual account name will be treated as the sole responsibility of the owner of the account. Do not knowingly degrade the performance of the network. Chain letters, mail bombs and music downloads are examples of activities prohibited by these guidelines.
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TECHNOLOGY POLICY Obey the rules of copyright. Technology users must respect all copyright issues regarding software, information, and attributions of authorship. No software whether commercial or shareware may be installed on the system without the express permission of the network administrator. It is understood that all student and staff members will respect current copyright laws as they to pertain to ANY technology device used on school premises. This includes the public exhibition of any copyrighted material. Posting personal communications to a public forum without the original author’s prior consent is prohibited. To do this is a violation of the author’s privacy. However, all messages posted in a public forum such as news groups or aliases may be copied in subsequent communications, so long as proper attribution is given. Use of the network for any illegal activities is prohibited. Illegal activities include tampering with computer hardware or software, unauthorized entry into computers, or knowledgeable vandalism or destruction of computer files. Such activity is considered a crime under state and federal law. Avoid the spread of computer viruses. “Computer viruses” are programs that have been deployed as pranks, and can destroy valuable programs and data. Deliberate attempts to degrade or disrupt system performance of the Network or any other computer system or network on the Internet by spreading computer viruses is considered criminal activity under state and federal law. Additionally, users who introduce viruses to the system through negligence may be required to pay restitution for damages incurred. Chat rooms, non-school servers and public proxy servers are prohibited. The student use of chat rooms and home s servers causes personal risks to students that we as a school corporation cannot manage. Student should be channeled through our student server when appropriate. Use appropriate language. Profanity or obscenity will not be tolerated. All participants should use language appropriate for school situations as indicated by school codes of conduct. Avoid Offensive or inflammatory speech. Internet users must respect the rights of others both in the local community and on the Internet at large. Personal attacks are an unacceptable use of the network. If you are a victim of such messages, bring the incident to the attention of a teacher or system administrator. Harassment of any form will not be tolerated. Communication on our network system should be of a professional nature. Messages intending to harass, annoy, bother or disrupt the educational mission of Clark-Pleasant Community School Corporation are strictly prohibited. Additionally, any person violating this policy will be subject to disciplinary action and, depending upon the nature of the harassment, may be submitted for judiciary action as well. Impersonation, anonymity, or pseudonyms are not permitted. As an educational network, we believe that individuals must take responsibility for their actions and words.
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TECHNOLOGY POLICY ANALYSIS
The technology section of the Handbook was one of the longest sections of the book. It describes in great detail all the things a student should not do when using any technological device. The strength is that is covers every aspect of technological infringement that I am aware that may happen. One of the most difficult aspects of technology is monitoring it “during the moment”. Yes, the tech department can track what happened on what computer, but that doesn’t necessarily help the student or teacher when an inadvertent undesirable popup occurs. Students are aware that if something inappropriate should suddenly display itself on the screen, that they need to immediately get out of that window. Also, there is the concern about teacher repercussions when a student chooses to play “Angry Birds” instead of doing the directed activity. We are definitely a part of a new area of education that is changing how students learn. STRENGTH WEAKNESS
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FAMILY EDUCATION RIGHTS AND PRIVACY ACT (FERPA)
The Family Educational Rights and Privacy Act (FERPA) afford parents and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records. These rights are: The right to inspect and review the student’s education records within 45 days of the day the school receives a request for access. Parents or eligible students should submit to the school principal a written request that identifies the record(s) they wish to inspect. The school official will make the arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected. The right to request the amendment of the student’s education records that the parent or eligible student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. Parents or eligible students who wish to ask the school to amend a record should write the school principal, clearly identify the part of the record they want changed, and specify why it should be changed. If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the school as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel; a person serving on the School Board; a person or company with whom the school has contracted as its agent to provide a service instead of using its own employees or officials (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate education interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Directory information is “personally identifiable information” schools are permitted to disclose without the consent of the parent or eligible student. Directory information is defined as information in an education record “which would not generally be considered harmful or an invasion of privacy if disclosed. It includes, but is not limited to, the student’s name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance degrees and awards received, and the most recent previous educational agency institution attended.” Eligible students and parents have the right to refuse the release of any or all of the information described above. Notice of student or parent refusal must be given to the school corporation within two (2) weeks of the student’s enrollment, or the beginning of the school year, whichever is later. The notice must specify which types of information are not to be released by the school corporation. Upon request, the school discloses education records without consent to officials of another school district in which a student seeks or intends to enroll. When requested, the high school is required to release student directory information to military recruiters unless the eligible student or parent has opted out of providing such information by signing a written request or the Denial of Permission form by the end of the student’s sophomore year in high school. School will notify parents of students who are scheduled to participate in surveys or other activities that would request protected information of students. Parents have the right to opt his/her child out of participation of the specific activity or survey upon written notification within a reasonable time to the school principal. Anyone who wishes to challenge instructional material should contact the school principal where the instructional material is being used and he/she will inform the individual of the procedure for challenging instructional material. The right to file a complaint with the U. S. Department of Education concerning alleged failures by the School District to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are: Family Policy Compliance Office; U. S. Department of Education; 400 Maryland Avenue, SW; Washington, DC
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EXTRAS NONDISCRIMINATION NOTICE: Clark-Pleasant Community School Corporation does not discriminate on the basis of race, color, religion, gender, sexual orientation, national origin, age, or individuals with disabilities, including limited English proficiency, in its programs or employment policies as required by the Indiana Civil Rights Act (I.C ), Title VI and VII (Civil Rights Act of 1964), the Equal Pay Act of 1973, Title IX (Educational Amendments), and Section 504 (Rehabilitation Act of 1973). LEGAL SETTLEMENT: A student may be expelled if it is determined that the student’s legal settlement is not in the attendance area of the school where the student is enrolled. SEXUAL HARASSMENT: It is the policy of the Clark-Pleasant Community School Corporation to maintain a learning and working environment that is free from sexual harassment. It shall be a violation of this policy to harass another employee or student through conduct or communication of a sexual nature. If a student or employee believes he or she is a victim of sexual harassment the student/employee should come forward by submitting a “Grievance Report” form to the building principal.
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FERPA AND EXTRA ANALYSIS
I think the Handbook presents the perfect opportunity to make parents aware of their rights. It is the perfect forum to protect school when communicating to parents what they are entitled to by the law. There are definitely no weaknesses in making parents aware of the FERPA rights. STRENGTH WEAKNESS
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REFLECTION
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REFLECTION Whiteland Elementary School’s Handbook is an excellent reference tool for all stakeholders. It provides both the district and school’s policies and procedures for everyone to follow. Mrs. Lewis shared that the administrators come together each year to create a shared vision of learning to achieve school goals. Part of this process involves reviewing the handbook. Part of the handbook is district policies that are in every school’s handbook within the district. After that is finalized, each administrator includes specialized parts that fit that particular building such as personnel and school supply information. (ELCC 3.3, 5.3, 5.4, 6.3) This law class has been extremely valuable. It has given me a new perspective and appreciation for all the specific information included in the handbook. Each year on the first day of school, I pass out the handbook and review with the students the dress code and attendance policy. I always wondered if it was absolutely necessary to include all the little handwriting with loads of details about every legal possibility. Now, I know why it’s done. This is especially true when reviewing and writing all the case briefs. It is amazing to me that some of the smallest issues can end up in the Supreme Court. (ELCC 3.3, 5.5)
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REFLECTION As a future administrator, I hope to ensure that the school’s handbook will include all the information that Whiteland Elementary School’s handbook has in it. It definitely will serve to reinforce to parents, students, and the community most decisions regarding discipline. It is also provides the guidelines that can help explain the regulations and statutes. I can see how it can be a beneficial tool in helping to maintain a culturally safe environment where learning can excel. I also see why it is important to make sure that the staff is aware that they can also use the Student Handbook as a reference when making decisions as well. (ELCC 3.3, 3.5, 5.3, 5.4) The handbook is valuable because it promotes policies and procedures that ensure a safe environment. It is important that both students and adults realize the expectations. I specifically liked how it includes the Lifeskills and Lifelong guidelines. These are character traits that go along with our mission to foster students who will be productive citizens. This helps create a school environment of trust; which ensures that a rigorous coherent curriculum can be taught without fear of harm or danger. (ELCC 2.1, 2.2, 3.5, 5.1)
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REFLECTION This project was definitely worthwhile. I know without a doubt that it will benefit me as a future administrator. It is going to be imperative that I keep up with the law as much as possible. More importantly, I have learned where to find the legal resources necessary, including the handbook, to help me make good decisions. I have a greater understanding of various statutes and the value of the Student Handbook. (ELCC 6.3)
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